Visitor Question

Legal case after getting jumped outside a bar?

Submitted By: M.B. (Cleveland, Texas)

In Texas, I was at a bar and got in a fight with another guy in the parking lot one night. After a few minutes, his friends jumped in and beat me up pretty bad. They left me in the parking lot where the bar owner found me and called police and EMS. I didn’t remember anything but was driven home by a friend. The bar had over 1000 people there that night and only one security guard inside. None outside. No cameras.

Do I have a case against the friends that jumped in, or against the bar? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear M.B.,

You may have a personal injury claim against the bar and the assailants. However, to support that claim will require evidence of negligence. The type of negligence required to support your assertion that the bar owner is liable for your injuries will depend on the type and amount of security in place at the time of your injuries, and its reasonableness.

Generally speaking, a bar owner is required to provide whatever security is reasonable under the circumstances. For example, a bar which primarily caters to senior citizens would likely require much less security than a bar which caters those in their twenties. A bar catering to motorcycle gangs with a history of violence would require even more security.

The next issue is Comparative Negligence. This refers to the percentage of negligence shown by a victim in an injury event.  The State of Texas, where your injuries were sustained, follows the Modified Comparative Negligence Rule. Under this rule, a victim’s contribution to an injury or accident diminishes his right of recovery according to the percentage of his own contribution to the injury, up to 50%. If the contribution is found to be 51% or higher, the victim is barred from recovery.

In the case of bar fights, the issue of intoxication of the assailant AND the victim plays a large part in the determination of fault and comparative negligence.

Finally, bar owners are generally not legally responsible for criminal acts perpetrated by one patron to another. To recover compensation from your attackers will require you to pursue them personally to recover your medical bills, and related costs.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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